If you live in Bankstown and you've seen “no win, no fee” in a lawyer's advertising, it helps to know what the phrase generally means before you rely on it. In most cases it refers to an arrangement where you pay the lawyer's professional fees only if the claim succeeds. The details differ between lawyers, and some costs may still be payable either way. This page explains what to ask, and our claim check is free.
Canterbury-Bankstown · No win, no fee explained
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What “no win, no fee” generally means
The idea is simple: if the claim doesn't succeed, the lawyer's own fees generally aren't charged. In practice, arrangements differ. Some treat disbursements, such as medical reports, one way and some another. Some define success narrowly and others broadly. The phrase is shorthand for an arrangement, and only the written costs terms tell you what that particular arrangement is.
Regulated costs and what they mean for you
The CTP scheme caps legal costs by regulation, for statutory benefits work and for damages claims alike. That changes the no win, no fee conversation. Instead of asking only what you'd pay if you lose, ask how the lawyer's fees relate to the regulated maximums, and whether any part of the costs would come out of your compensation. The caps are indexed, so no fixed figure is quoted here.
Before paying for advice, check what's free. SIRA's CTP Legal Advisory Service gives free legal advice on statutory benefits for accidents from 1 December 2017, and CTP Assist on 1300 656 919 can connect you with it. It won't run a damages claim, and it doesn't take on disputes that have already reached internal review or the Commission, but for many early questions it means no costs agreement is needed at all.
Read next:What does a CTP lawyer cost?
Reading costs terms from Bankstown, by phone and online
If Arabic, Vietnamese, Greek or Chinese is your first language, as it is for many people in Canterbury-Bankstown, ask for an interpreter when costs terms are explained, and don't sign until they're clear. Costs terms are hard to judge in a second language, and Arabic, Vietnamese and Mandarin are first languages for many people here. Ask CTP Assist on 1300 656 919 to book an interpreter for claim questions, and have a lawyer explain terms through one. Council areas such as the City of Canterbury-Bankstown play no part in what a lawyer can charge on a CTP claim. The limits are set by state regulation and apply across NSW, so compare lawyers on their written terms, not their address.
From Bankstown, the Sydney CBD is roughly 17 km away. That doesn't limit whose costs terms you can compare. Written terms can be emailed, lawyers can explain them by phone or video, and our claim check is by phone and online.
- Region
- Canterbury-Bankstown
- Postcode
- 2200
- Community languages
- Arabic, Vietnamese, Mandarin
- Local government area
- City of Canterbury-Bankstown
- From the Sydney CBD
- ~17 km
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Six questions worth asking about costs
A no win, no fee arrangement is only as clear as its written terms. These questions help you find out what you'd pay in each outcome. Ask them of any lawyer, and get the answers in writing.
- Can I take the agreement away and read it before signing?
- What happens to costs if I end the agreement before the claim finishes?
- How do the CTP costs rules in the Regulation limit what you can charge?
- Will you tell me in writing if that estimate changes?
- What counts as the claim succeeding under this agreement?
- Is there a cooling-off period after I sign?
General information, not legal advice. Costs terms differ between lawyers, and legal costs in CTP claims are regulated. Rely on the written terms you're given.
Lawyer or not? Settle that first
The costs question only matters if your claim needs a lawyer, and many claims never do. Here's when legal help is often worth paying for, and when you may manage without it.
Often worth talking to a lawyer
- A settlement offer is waiting for your reply
- Your injuries are serious and the claim may run for years
- Someone died in the crash and the family is considering a claim
- You've been offered costs terms and can't tell what you'd owe if the claim failed
You may not need one
- You're happy with how the insurer has handled things so far
- Your statutory benefits claim is accepted and payments are arriving
- One declined treatment request can be sorted out with a report from your doctor
A lawyer's work runs on medical evidence, starting with the Certificate of Fitness. If you don't yet have a treating team that knows the CTP scheme, doctors and allied health are often the first help to arrange.
Not quite your situation?
- If the injury happened at work, including on the road for work, workers compensation is usually the scheme that applies first, not CTP. After a crash, a CTP damages claim may still be possible. We can point you to the right help. Free claim check
- For what happens when you first meet a solicitor, including the costs disclosure and agreement you receive, see the compensation solicitor page for Bankstown. Compensation solicitor in Bankstown
- If you're still deciding whether your claim needs legal help, the CTP lawyer page for Bankstown sets out when it usually does. CTP lawyer in Bankstown
Costs that may apply either way
The lawyer's professional fees are one thing. Disbursements are another. These are costs paid to others as the claim goes on, such as fees for medical reports or for obtaining records, and they can add up in a claim that needs expert evidence. Ask whether you may be asked to pay them if the claim doesn't succeed, and whether you'd pay as you go or at the end.
- Filing or application fees, where they apply
- The cost of any expert opinion the lawyer arranges
- Courier, copying and similar office costs
Which terms to get in writing
Ask the lawyer to confirm in writing how their fees would be calculated if the claim succeeds, and what, if anything, you'd owe if it doesn't. Ask the same about disbursements, and about costs if you end the agreement early. Written answers let you compare lawyers fairly and avoid surprises at the end of the claim.
Keep a copy
Keep the signed agreement and every costs update with your claim papers. If a bill arrives later, you'll want to check it against the terms you agreed to.
How to compare costs arrangements fairly
Line the written terms up side by side. Where one lawyer's terms are specific and another's are vague, ask the second to be specific too. If an answer changes between a phone call and the written terms, go by what's written and ask why. It's reasonable to take a few days to compare before you commit.
Same label, different terms
Two arrangements can both be called no win, no fee and still differ on disbursements, on what counts as success and on what comes out at the end. Compare the terms, not the label.
Start with a free claim check
We don't set any lawyer's fees, and we can't tell you what a lawyer's terms would be. What we can do is check your claim for free, with no obligation, and tell you whether a lawyer is likely to help. If we connect you with one, you decide whether to go ahead after reading their costs terms. We'll also tell you if a provider we refer you to is connected with us.
Read next:How our claim check works
Frequently asked questions
Yes, and it's sensible to. Ask for an estimate in writing, how it was worked out and what could change it, such as the claim running longer than expected or needing more expert reports. Ask how you'll be told if the estimate changes. An estimate isn't a fixed price, but it gives you something to compare between lawyers and to check against as the claim goes on.
It depends on the lawyer, so ask before the conversation starts. Some lawyers may not charge for an initial discussion about a motor accident claim, and others may; don't assume either way. Our claim check is different: it's free, with no obligation, and it can tell you whether a lawyer would add anything to your claim before you have that conversation.
In an injury claim, it's shorthand for a costs arrangement in which the lawyer is paid professional fees only if the claim succeeds. The arrangement is often set out in what's called a conditional costs agreement. The details vary between lawyers: how success is defined, how disbursements such as medical reports are handled, and what comes out of any compensation. The written terms are what count, so ask for them and read them before you sign.
At least three things: what you'd pay if the claim fails, how disbursements such as medical reports are handled, and how fees are worked out if the claim succeeds. It also helps to have an estimate of total costs, a clear definition of success, and what happens if you end the agreement early. Written answers let you compare lawyers and check any later bill against what you agreed.
In some ways, yes, because CTP legal costs are regulated. The Motor Accident Injuries Regulation sets maximum costs, and those amounts are indexed every year. For statutory benefits, a lawyer's costs are paid by the insurer, and only where the Regulation or the Personal Injury Commission allows; some disputes allow none. Damages work is capped as well. Whatever arrangement a lawyer offers has to work within those limits, so ask them to explain how.
It's generally the kind of agreement behind a no win, no fee arrangement: one where payment of some or all of the lawyer's fees depends on a condition, usually the claim succeeding. What counts as success, and which costs are conditional, are set out in the agreement itself. Terms vary, so read it closely, ask about anything unclear, and keep a signed copy with your claim papers.
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CTP Lawyer is not a law firm. This page is general information, not legal advice; the independent lawyer you speak with can advise on your own situation.